University  of  California  •  Berkeley 
In  Memory  of 


FRANCIS  OVERSTREET  KELSEY 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

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http://www.archive.org/details/acttoestablishsyOOcalirich 


AN  ACT 


TO 


ESTABLISH  A   SYSTEM 


OF 


COMMON  SCHOOLS, 


IN    THE 


STATE    OF    CALIFORNIA; 


ANt) 


OTHER   ACTS 

PROVIDING  FOR  THE  REVENUE  OF  THE  SAME, 


WITH 


EXPLANATORY  FORMS. 


-o^- 


BY  JOHN  G.  MAKVIN,  LL.  B, 

UPERINTENDENT    OF    PUBLIC    INSTRUCTION. 


■O^ 


SACRAMENTO : 

PRINTED    AT   THE    DEMOCRATIC    STATE    JOURNAL   OFFICE 

1852. 


m- 


1K4 


AN  ACT 


TO 


ESTABLISH    A    SYSTEM 


COMMON    SCHOOLS, 


STATE    OF    CALIFORNIA; 

AND 

OTHER   ACTS 

PROVIDING     FOR    THE    REVENUE    OF    THE    SAME, 

WITH 

EIPLANATOEY  FOEMS. 


BY  JOHN  G.  MARVIN,  LL.  B., 

SUPERINTENDENT    OF    PUBLIC    INSTRUCTION. 


SACRAMENTO ; 

PRINTED   AT   THE   DEMOCRATIC     STATE     JOURNAL.     OFriCK, 

1852. 


PREFACE. 

The  laws  of  the  past  session  of  the  Legisla- 
ture contained  in  this  pamplet,  are  the  first  effect- 
ive efforts  that  have  been  made  on  the  part  of  the 
State,  for  the  establishment  and  support  of  Free  Com- 
mon Schools.  They  are  based  upon  the  following 
Article  of  the  Constitution  : 

ARTICLE  IX. 

EDUCATION. 

Sec.  1.  "  The  Legislature  shall  provide  for  the  election,  by  the 
people,  of  a  Superintendent  of  Public  Instruction,  who  shall  hold  his 
office  for  three  years,  and  whose  duties  shall  be  prescribed  by  law, 
and  who  shall  receive  such  compensation  as  the  Legislature  may 
direct. 

Sec.  2.  The  Legislature  shall  encourage,  by  all  suitable  means, 
the  promotion  of  intellectual,  scientific,  moral,  and  agricultural  im- 
provement. The  proceeds  of  all  lands  that  may  be  granted  by 
the  United  States  to  this  State  for  the  support  of  Schools, 
which  may  be  sold  or  disposed  of,  and  the  500,000  acres  of  land 
granted  to  the  new  States  under  an  Act  of  Congress  distributing 
the  proceeds  of  the  Public  Lands  among  the  several  States  of 
the  Union,  approved  A.  D.  1841 ;  and  all  estates  of  deceased  per- 
sons, who  may  have  died  without  leaving  a  will,  or  heir,  and  also 
such  per  cent,  as  may  be  granted  by  Congress  on  the  sale  of  lands 
in  this  State,  shall  be  and  remain  a  perpetual  fund,  the  interest  of 
which,  together  with  all  the  rents  of  the  unsold  lands,  and  such 
other  means  as  the  Legislature  may  provide,  shall  be  inviolably 
appropriated  to  the  use  of  Common  Schools  throughout  the  State. 

Sec.  3.  The  Legislature  shall  provide  for  a  system  of  Common 
Schools,  by  which  a  School  shall  be  kept  up  and  supported  in  each 
district,  at  least  three  months  in  every  year ;  and  any  school  district 
neglecting  to  keep  up  and  support  such  a  School,  may  be  deprived  of 
its  proportion  of  the  interest  of  the  public  fund  during  such  neg- 
lect. 

Sec.  4.  The  Legislature  shall  take  measures  for  the  protection, 
improvement,  or  other  disposition  of  such  lands  as  have  been,  or 


VI. 

maybe  hereafter  reserved  or  granted  by  the  United  States;  or  any 
person  or  persons,  to  this  State  for  the  use  of  a  University  ;  and  the 
funds  acruing  from  the  rents  or  sale  of  such  lands,  or  from 
any  other  source  for  the  purpose  aforesaid,  shall  be  and  remain  a 
permanent  fund,  the  interest  of  which  shall  be  applied  to  the  sup- 
port of  said  University,  with  such  branches  as  the  public  con- 
venience may  demand,  for  the  promotion  of  literature,  the  arts  and 
sciences,  as  may  be  authorized  by  the  terms  of  such  grant.  And 
it  shall  be  the  duty  of  the  Legislature,  as  soon  as  may  be,  to  pro- 
vide effectual  means  for  the  improvement  and  permanent  security 
of  the  funds  of  said  University." 

By  section  3rd  of  the  above  Article,  anclsection  4th, 
page  7,  of  the  School  law,  it  will  be  seen  that  the  in- 
habitants of  each  School  district,  are  required  to  sup- 
port a  School  for  three  months  during  the  year,  to  en- 
title them  to  their  distributive  portion  of  the  reven- 
ue of  the  School  fund. 

It  is  to  be  hoped  that  all  of  the  requirements  of  the 
School  law  will  be  complied  with,  since  upon  them, 
depend  the  value  and  usefulness  of  our  Common 
Schools. 

Under  the  existing  statutory  provisions,  it  is  esti- 
mated that  not  less  than  $80,000  w^ll  accrue  during 
the  present  year  for  distribution,  among  those  districts 
which  comply  with  the  law. 

Separate  Blanks  will  be  prepared  and  furnished  the 
County  Superintendents  for  distribution,  with  all  con- 
venient despatch. 

JOHN  G.  MARVIN, 

Vallejo,  May  15,  1852.  Sup.  Pub.  Instruction. 

Correction.— In  Forms  Nos.  X  and  XI,  pages  19  and  20,  insert  four  instead 
of  fiye  years. 


AN  ACT 


TO 

ESTABLISH  A  SYSTEM  OF  COMMON  SCHOOLS. 


The  People  of  the  State  of  California  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

ARTICLE    I. 

OFFICERS. 

Sec.  1.  The  Governor,  the  Superintendent  of  Public  Instruc- 
tion, and  the  Surveyor  General  of  the  State,  shall  constitute,  and 
are  hereby  constituted  a  Board  of  Education.  The  Governor  shall 
be  the  President,  and  the  Superintendent  of  Public  Instruction 
shall  be  the  Secretary  of  the  said  Board. 

Sec.  2.  The  County  Assessor  of  each  and  every  county  in  this 
State,  shall  be,  and  he  is  hereby  constituted  the  Superintendent  of 
Common  Schools  within  and  for  his  county,  (a) 

Sec.  3.  In  each  of  the  towns,  cities  and  villages  in  this  State, 
except  as  otherwise  provided  by  this  act,  there  shall  be  three  Com- 

(o)  N.  B.  Section  2  was  in  the  engrossed  bill  that  passed,  but  was  accidentally 
omitted  in  the  enrolled  bill. 


[2] 

missioners  of  Common  Schools,  who  shall  be  amiuallj  elected  at  the 
general  election,  and  in  the  same  manner,  as  Justices  of  the  Peace. 

Sec.  4.  The  three  Commissioners  of  Common  Schools,  men- 
tioned in  the  last  preceding  section,  alone,  or  any  two  of  them,  in 
conjunction  with  the  County  Superintendent  of  Common  Schools, 
or  a  Justice  of  the  Peace  of  the  town,  city  or  village,  shall  con- 
stitute a  Board  of  Commissioners  of  Common  Schools  for  such 
town,  city  or  village,  as  the  case  may  be. 

Sec.  5.  A  Constable  in  each  town,  city  and  village,  duly  elect- 
ed and  qualified  as  such,  to  be  selected  and  designated  by  the  Board 
of  Commissioners  of  Common  Schools  for  such  town,  city  or  village, 
shall  be  the  Common  School  Marshal  therein,  to  take  the  census 
of  the  children  residing  within  his  precinct. 

ARTICLE    II. 

SCHOOL  YEAR. 

Sec.  1.  The  Common  School  year  shall  commence  on  the  first 
day  of  November,  and  end  on  the  last  day  of  October. 

ARTICLE    III. 

duties  and  pov^ters  or  officers. 

Sec.  1.  The  Marshals  designated  and  selected  by  the  Boards 
of  Commissioners  under  the  provisions  of  this  Act,  for  the  respec- 
tive towns,  cities  and  villages,  shall  in  the  month  of  October,  an- 
nujEilly,  take  a  specific  census  of  all  the  children  within  their  res- 
pective precincts,  between  the  ages  of  four  and  eighteen  years, 
specifying  the  names  of  the  childi-en,  of  the  parents  or  guardians 
of  such  children,  and  the  town,  city,  village  and  School  District, 
within  which  they  reside,  and  make  full  report  thereof,  in  writing, 
under  oath,  to  the  County  Superintendent  of  Common  Schools,  and 
deliver  a  true  copy  thereof  to  the  Boards  of  Commissioners  in  and 


[3] 

for  their  respective  towns,  cities  or  villages,  by  the  tenth  day  of 
November  next  thereafter. 

Sec.  2.  The  Boards  of  Commissioners  of  Common  Schools  of 
the  several  towns,  cities  and  villages,  shall  have  power,  and  it  shall 
be  their  duty,  within  their  respective  jurisdictions  : 

1.  To  select  and  designate,  by  writing,  under  their  hands,  one 
of  the  Constables  within  their  respective  jurisdictions,  to  be  the 
Common  School  Marshal  to  take  the  census  of  the  children. 

2.  To  constitute  and  define,  and  from  time  to  time  to  alter  the 
boundaries  of  Common  School  Districts-,  and  fix  the  location  of 
School  houses,  in  accordance  with  the  expressed  wishes  of  a  majority 
of  the  qualified  electors  within  such  boundaries ;  but  in  case  a  ma- 
jority of  such  voters  shall  not  agree  therein,  then,  and  in  that  case, 
the  said  Board  of  Commissioners  shall,  in  their  discretion,  consti- 
tute such  Common  School  Districts,  define  the  boundaries  thereof, 
and  fix  the  locations  of  School  Houses  according  to  their  own  best 
judgment,  and  make  definite  reports  thereof  in  writing,  under  their 
hands,  to  the  County  Superintendent,  within  ten  days  thereafter. 

3.  To  audit  and  certify  to  the  Superintendent  of  Common 
Schools,  all  accounts  payable  out  of  the  State  or  county  school 
fund,  specifying  what  portion  of  said  school  fund  is  chargeable 
with  the  same. 

4.  To  superintend  the  erection  and  repairs  of  all  School  Houses 
in  the  several  Common  School  Districts,  or  appoint  a  Building 
Committee  in  such  districts  respectively,  for  that  purpose,  who 
shall  be  subject  to  the  instructions  and  supervision  of  such  Board 
of  Commissioners  of  Common  Schools;  to  distribute  the  blank 
forms,  laws  and  instructions  received  by  them  from  the  county 
superintendent  to  the  common  school  marshals  and  teachers,  who 
shall  be  by  the  provisions  of  this  Act  entitled  to  receive  the  same. 

5.  To  hold  meetings  so  often  as  they  shall  deem  necessary  for 
the  examination  of  persons  proposing  to  become  Common  School 


[4] 

Teachers,  under  the  provisions  of  this  Act ;  and  to  grant  certifi- 
cates of  approbation  and  recommendation  to  such  as  they  shall 
find,  on  a  rigid  and  thorough  examination  and  investigation,  to  be 
persons  of  good  moral  character,  of  sufficient  learning  and  abili- 
ty for  teaching,  having  a  special  regard  to  their  ability  to  impart 
knowledge — and  to  no  others — and  to  revoke  any  such  certificate  at 
pleasure.  All  such  certificates  shall  remain  in  force  during  one 
year  from  and  after  their  respective  dates,  unless  sooner  revoked, 
and  no  longer;  and  any  certificate,  otherwise  granted,  shall 
be  void. 

6.  To  employ  and  fix  the  salaries  and  terms  of  service  of  the 
Common  School  Teachers. 

7.  To  suspend  or  expel  from  any  such  Common  School,  with  the 
advice  of  the  Teacher,  any  pupil  who  will  not  submit  to  the  rea- 
sonable and  ordinary  rules  of  order  and  discipline  therein. 

8.  To  apportion  the  Common  Schools  among  the  members  of  the 
Board,  in  such  manner  that  at  least  one  of  the  said  Commission- 
ers shall  visit  and  ascertain  the  character,  progress  and  prospects 
of  each  school,  and  report  the  same  to  the  full  Board,  once  a 
quarter. 

9.  To  carry  out  and  execute  their  powers  and  duties,  as  confer- 
red and  imposed  by  this  Act,  in  accordance  with  the  instructions 
of  the  State  Board  of  Education,  and  in  manner  and  in  form  as 
shall  be  prescribed  by  the  Superintendent  of  Public  Instruction. 

10.  To  make  and  keep  a  record  of  all  their  official  acts  and  de- 
cisions, and  a  strict  and  particular  account  of  all  bills  audited 
and  certified  to  the  county  superintendent;  said  record  and 
account,  together  with  the  vouchers  relating  thereto,  shall  be  sub- 
ject, at  all  times,  to  the  inspection  and  examination  of  the  State 
Superintendent  of  Public  Instruction,  or  the  County  Superinten- 
dent  of  Common  Schools. 


[5] 

11.  To  report  to  the  County  Superintendent  of  Common  Schools 
of  their  respective  counties,  on  or  before  the  15th  day  of  November, 
annually,  the  amount  of  all  expenditures  on  account  of  schools  in 
their  respective  precincts,  during  the  previous  school  year,  ending 
on  the  last  day  of  October ;  and  the  manner  in  which  the  same 
shall  have  been  expended,  specifying  what  portion  and  amount 
thereof  has  been  expended  for  the  services  of  legally  qualified 
Teachers ;  the  amounts  which,  during  that  time,  shall  have  been 
raised  in  the  several  Common  School  Districts,  by  subscription 
or  otherwise,  and  allowed  to  such  qualified  Teachers,  as  salary  or 
compensation ;  the  names  of  the  Teachers  employed ;  the  time 
of  service,  and  the  salaries  paid  to  each ;  the  number  of  pupils 
taught,  and  the  average  attendance  and  progress  of  the  pupils  in 
each  school  organized  and  taught  under  the  provisions  of  this  Act, 
and  such  other  statistics  as  shall  be  required  by  the  Superintendent 
of  Public  Instruction. 

12.  And,  at  the  close  of  their  official  term,  to  deliver  over  their 
Book  of  Records,  and  all  papers,  books,  blanks,  and  documents 
in  their  hands,  as  such  Commissioners,  to  their  successors  in  office, 
and  take  their  receipt  for  the  same,  which  receipt  shall  be  filed 
with  the  County  Superintendent. 

Sec.  3.  The  County  Superintendent  of  Common  Schools  in  and  for 
each  County,  shall  have  power,  in  accordance  with  the  principles 
and  provisions  of  this  Act,  and  the  instructions  of  the  State  Board 
of  Education,  and  of  the  Superintendent  of  PubUc  Instruction  : 

1.  To  exercise  a  general  supervision  over  the  interests  of  Com- 
mon Schools  in  his  County,  and  to  give  to  the  Commissioners  of 
Common  Schools,  the  Common  School  Marshals,  and  Common 
School  Teachers,  such  aid  and  counsel  as  may  be  important  to  the 
prosperity  of  the  Schools. 

2.  To  distribute  promptly  to  the  Commissioners  of  Common 
Schools,  such  blank  Reports,  Forms,  Laws  and  instructions  as  shall 


[6] 

be  deposited  in  his  office  by  the  Superintendent  of  Pubhc  Instruc- 
tion— for  the  use  of  the  Commissioners,  Teachers  and  Marshals, 
and  any  other  officers  within  the  several  counties  entitled  to  the 
same. 

3.  To  draw  his  warrants  on  the  County  Treasurer  in  favor  of, 
and  deliver  the  same  to,  the  persons  holding  accounts  audited  and 
certified  by  the  Boards  of  Commissioners  of  Common  Schools,  un- 
der the  provisions  of  this  Act ;  Provided,  that  no  such  warrant 
shall  be  drawn  until  full  and  correct  returns  shall  have  been  made 
to  him  by  said  Board  of  Commissioners. 

4.  To  appoint,  upon  the  passage  of  this  Act,  three  qualified 
electors  of  each  town,  city  and  village,  within  his  county  (unless 
otherwise  provided  by  law,)  to  be  Commissioners  of  Common 
Schools  therein,  until  the  next  general  election,  who  shall  exercise 
all  the  powers,  and  perform  all  the  duties  hereinbefore  conferred 
and  imposed  upon  Commissioners  of  Common  Schools,  until  super- 
seded by  an  election,  and  from  time  to  time  to  fill,  by  such  appoint- 
ment, any  vacancy  which  shall  occur  in  any  Board  of  Commision- 
ers  of  Common  Schools,  until  a  new  election. 

5.  To  keep  on  file  in  his  office  the  Reports  of  the  Common  School 
Marshals  and  of  the  Commissioners  of  Common  Schools,  received 
by  him,  and  to  record  the  material  parts  thereof,  together  with  all 
his  official  acts  as  such  County  Superintendent  of  Common  Schools, 
in  a  book  to  be  provided  for  that  purpose,  and  at  the  close  of  his 
official  term,  to  deliver  over  to  his  successor,  such  records,  and  all 
documents,  books  and  papers  belongmg  to  his  department,  and  take 
his  receipt  for  the  same,  which  shall  be  filed  in  the  office  of  the 
County  Treasurer. 

6.  To  make  full  report  in  writing,  annually,  in  the  month  of 
November,  for  the  school  year,  ending  on  the  last  day  of  October 
next  previous  thereto,  to  the  Superintendent  of  Public  Instruction, 
and  deliver  a  copy  thereof  to  the  County  Treasurer  of  his  Coun- 


[7] 

ty,  in  such  form  and  manner  as   shall  he  prescribed  hy  the  said 
Superintendent  of  Public  Instruction. 

Sec.  4.  The  Common  School  moneys  in  the  County  Treasuries, 
shall  be  apportioned  among  the  several  towns,  cities,  and  villages, 
in  proportion  to  the  number  of  children  residing  therein,  between 
the  ages  of  five  and  eighteen  years,  as  shown  by  the  last  previous 
reports  of  the  Common  School  Marshals,  and  other  officers  charg- 
ed therewith ;  and  no  School  District  shall  be  entitled  to  any  por- 
tion of  the  Common  School  moneys,  in  which  there  shall  not  have 
been  taught,  by  a  legally  qualified  Teacher,  a  Common  School  for 
three  months,  withm  the  year  ending  on  the  last  day  of  October, 
and  one  half  of  the  compensation  of  said  Teacher  paid  by  the  in- 
habitants of  said  district. 

Sec.  5.  It  shall  be  the  duty  of  the  County  Treasurer  of  each 
and  every  county : 

1.  To  receive  and  hold,  as  a  special  deposit,  all  Common  School 
moneys,  whether  received  by  him  from  the  State  Treasury  or  rais- 
ed by  the  County,  for  the  benefit  of  Common  Schools,  and  to  keep 
a  separate  account  thereof,  and  of  their  disbursements. 

2.  On  receiving  any  Common  School  moneys  for  distribution,  to 
notify  the  County  Superintendent  of  Common  Schools,  of  the 
amount  thereof,  and  the  shares  to  which  the  several  towns,  cities, 
villages,  and  School  Districts  are  entitled,  under  the  provisions 
of  this  Act. 

3.  To  pay  over,  on  the  warrant  of  the  County  Superintendent, 
duly  endorsed  by  one  or  more  of  the  commissioners  aforesaid, 
and  by  the  teacher  or  other  persons  to  whom  due,  the  several 
amounts  of  Common  School  moneys  to  which  each  district  shall 
be  lawfully  entitled. 

4.  And  on  or  before  the  fifteenth  day  of  November,  annually, 
to  make  full  report  of  the  Common  School  moneys  received  into 
the  County  Treasury,  within  the  School  year  ending  on  the  last 


day  of  October  next  previous  thereto,  with  a  particular  statement 
of  the  disbursement  of  the  said  School  moneys,  and  of  any  amount 
of  such  School  moneys  which  may  remain  in  his  hands  for  dis- 
ti'ibution,  at  the  close  of  such  School  year,  to  the  State  Superin- 
tendent of  Public  Instruction. 

Sec.  6.  It  shall  be  the  duty  of  the  State  Treasurer  to  receive, 
and  hold,  as  a  special  deposit,  all  Common  School  moneys  paid  into 
the  Treasury,  and  to  pay  them  over  only  by  order  of  the  State 
Board  of  Education  upon  the  warrant  of  the  Superintendent  of 
Public  Instruction,  under  the  Common  Seal  of  the  said  Board  of 
Education,  to  the  county  Treasurers ;  and  such  warrants,  duly 
endorsed  by  the  County  Treasurers,  shall  be  the  only  valid  vouch- 
ers in  the  hands  of  the  State  Treasurer  for  the  disbursement  of  the 
said  common  school  moneys. 

Sec  .7.  The  school  moneys  distributed  to  the  various  Counties 
of  this  State  from  the  State  School  Fund,  shall  not  be  issued  for 
any  other  purpose  than  the  payment  of  the  salaries  of  qualified 
Teachers  under  this  Act ;  and  no  portion  of  said  fund  shall  either 
directly  or  indirectly,  be  paid  for  the  erection  of  school  houses, 
the  use  of  school  rooms,  furniture  or  any  other  contingent  expen- 
ses of  common  schools. 

Sec.  8.  Not  less  than  fifty  per  cent,  of  the  school  fund  raised 
by  county  tax  and  paid  into  the  county  treasury,  shall  be  paid 
for  any  other  purpose  than  the  payment  of  qualified  teachers ;  and 
the  residue  of  the  moneys  distributed  to  the  several  districts. — 
From  the  County  school  fund  may  be  appropriated,  for  the  pur- 
chase of  a  district  school  library,  to  build  a  district  school  house, 
or  such  other  contingent  expenses  of  the  school,  as  the  School  Com- 
missioners of  each  district  shall  determine. 


[9] 
ARTICLE    IV. 

SUPERINTENDENT  OF    PUBLIC    INSTRUCTION. 

Sec.  1.  It  shall  be  the  duty  of  the  Superintendent  of  Public  In- 
struction, and  he  is  hereby  empowered,  by  and  with  the  advice, 
and  subject  to  the  supervision  of  the  State  Board  of  Education. 

1.  To  prepare  and  cause  to  be  published  in  connection  with  this 
Act,  suitable  instructions  and  fonns  for  the  direction  of  the  Super- 
intendents, Commissioners,  Marshals,  and  Teachers  of  common 
schools  ;  and  to  cause  to  be  deposited  in  the  office  of  each  County 
Superintendent  a  sufficient  number  of  copies,  (in  his  discretion,) 
of  this  Act,  and  of  the  said  instructions  and  forms  for  the  supply 
of  the  common  school  officers  therein. 

2.  By  lectures  and  by  letters,  publications  and  personal  inter- 
views with  the  friends  of  popular  education  in  the  State,  to  endeav- 
or, to  the  extent  of  his  ability,  to  disseminate  intelligence  among 
the  people  in  relation  to  the  methods  and  value  of  education, 
and  especially  in  relation  to  common  schools,  and  to  endeavor  to 
secure  the  sympathies  and  co-operation  of  the  people  in  all  Educa- 
tional measures  which  may  be  adopted  by  the  Legislature. 

3.  To  open  a  correspondence  with  Officers  and  Boards  of  Edu- 
cation in  other  States,  and  by  means  of  the  exchange  of  letters  and 
reports  with  them,  to  make  himself  acquainted  with  the  progress  of 
educational  movements  and  the  details  of  public  school  systems  in 
other  States,  to  the  end  that  the  best  possible  system  of  education 
may  be  adopted  for  this  State. 

4.  To  exercise  a  general  supervision  over  such  Normal  Schools, 
Teachers  Institutes,  and  High  Schools,  as  may  by  law  be  estab- 
lished. 

5.  Immediately  after  the  State  Treasurer  shall  have  made  his 
annual  report,  as  hereinbefore  required,  to  apportion  to  the  several 
counties,  towns,  cities,  villages  and  school  districts,  the  amount  of 


[10] 

school  moneys  in  the  State  Treasury  to  which  each  shall  be  enti- 
tled under  the  provisions  of  this  Act,  and  thereupon  to  make  a 
record  thereof  in  the  book  of  records  to  be  kept  by  the  State  Board 
of  Education,  and  furnish  to  each  County  Treasurer  and  to  eaxjh 
County  Snperintendent  an  abstract  of  such  apportionment,  specify- 
ing the  amounts  of  common  school  moneys  to  which  the  several 
towns,  cities,  villages  and  school  districts  are  entitled ;  and  with 
such  apportionment,  to  furnish  to  each  County  Treasurer  his  war- 
rant on  the  State  Treasurer,  under  the  Seal  of  the  State  Board 
of  Education,  for  the  amount  of  school  moneys  in  the  State  Treas- 
ury to  which  such  County  shall  be  legally  entitled,  under  the  ap- 
portionment above  specified,  and  take  such  County  Treasurer's 
receipt  for  the  same. 

6.  To  present  to  the  Legislature  at  the  commencement  of  the 
next  session,  and  thereafter  annually  at  the  commencement  of  each 
session,  a  full  report  of  the  condition  of  Public  Instruction  in  the 
State,  the  number  and  grade  of  schools  in  each  county,  the  number 
of  children  in  each  county,  between  the  ages  of  five  and  eighteen 
years ;  the  number  of  such  attending  common  schools,  under  the 
instruction  of  teachers  qualified  and  employed  under  the  provisions 
of  this  Act ;  the  amount  of  common  school  moneys  apportioned  to 
each  county ;  the  amount  thereof  expended  in  teacher'^s  salaries  j 
the  erection  and  repairs  of  common  school  houses  j  in  the  purchase 
of  common  school  libraries  and  apparatus  ;  the  amount  of  moneys 
raised  and  expended  in  and  by  any  county,  town,  city,  village  or 
school  district  for  the  support  of  common  schools  therein  under  the 
instruction  of  teachers  holding  valid  certificates  from  the  Boards  of 
Commissioners  of  common  schools,  and  duly  employed  and  reported 
by  such  Commissioners  as  hereinbefore  provided,  together  with 
auch  suggestions  as  he  may  de&m  it  expedient  to  make.,  in  relation 


Ill] 

to  the  construction  of  school  houses,  the  improvement  and  bet- 
ter management  of  common  schools,  the  qualifications  of  common 
school  teachers,  the  character  and  kinds  of  school  books  most  suit- 
able for  use  in  common  schools,  the  ways  and  means  for  raising 
funds  for  the  support  of  common  schools  and  providing  suitable, 
houses  therefor,  and  for  the  promotion  of  the  general  interests  of 
education  throughout  the  State 

7.  And  to  superintend  the  printing  and  distribution  of  his  annual 
reports  in  such  manner  as  the  Legislature  shall  from  time  to  timo 
direct. 

ARTICLE  V. 

CITIES. 

Sec.  1.  The  common  council  of  each  and  every  incorporated 
city  in  this  State  shall  be,  and  hereby  are  authorized  and  empow- 
ered : 

1st.  To  raise  annually,  by  tax  upon  the  real  estate  and  per- 
sonal property  within  the  city,  as  estimated  by  the  city  assessors, 
whatever  amount  of  money  shall  be  requisite,  not  to  exceed  three 
cents  on  each  $100  of  valuation,  for  the  support  of  a  competent 
number  of  free  common  schools  therein,  and  providing  and  furnish- 
ing suitable  houses  therefor. 

2.  To  provide,  by  ordinance,  for  the  collection,  custody  and 
disbursement  of  the  moneys  thus  raised,  by  city  tax,  for  school 
purposes. 

3.  To  provide,  by  ordiuance,  for  drawing  from  the  county 
treasury,  on  the  warrant  of  the  county  superintendent  of  common 
schools,  the  common  school  moneys  to  which  such  city  shall  be  en- 
titled, under  the  provisions  of  this  Act,  and  for  the  custody  and 
disbursement  of  such  common  school  moneys,  in  accordance  with 
the  previsions  of  this  Act 


[12] 

4.  To  provide,  by  ordinance,  for  tlie  examination  of  common 
school  t3acliers,  the  regulation  of  common  schools  within  the  city, 
the  census  or  enumeration  of  the  children,  and  for  making  the  an- 
ual  and  other  reports  to  the  County  Superintendent  of  common 
schools. 

5.  To  provide,  by  ordinance,  for  the  election  or  appointment 
of  a  city  board  of  education  and  Superintendent  of  common  schools, 
and  prescribe  their  powers  and  duties,  and — 

6.  To  ordain  all  such  rules  and  regulations  as  they  may  deem 
expedient  and  necessary  for  the  promotion  of  the  interests,  pros- 
perity and  usefulness  of  the  common  schools  within  the  city;  Pro- 
vided,  that  the  common  council  shall  not  make  any  ordinance  nor 
do  any  act  which  shall  be  in  conflict  with  the  principles  or  provisions 
of  the  constitution  of  the  State  or  of  any  act  of  the  Legislature. 

Sec.  2.  No  board  of  commissioners,  nor  marshals  elected  or 
appointed  under  the  foregoing  provisions  of  this  Act,  shall  have 
any  jurisdiction  or  control,  within  the  chartered  limits  of  any  city 
which  shall  have  provided  for  the  support,  regulation  and  manage- 
ment of  common  schools  therein,  under  the  provisions  of  this 
chapter. 

ARTICLE  VL 

SCHOOLS. 

Sec.  1.  No  common  school  shall  receive  any  benefits  or  immu- 
nities under  the  provisions  of  this  Act,  unless  such  school  shall  be 
instructed  by  a  teacher  or  teachers  duly  examined,  approved  and 
employed  '<  y  competent  and  lawful  authority,  as  hereinbefore  pro- 
vided, nor  unle:s  such  schools  shall  be  free  from  all  denominational 
and  sectarian  bias,  control  and  influence  whatsoever. 

Sl:c.  2.  The  boards  of  commissioners  may  cause  the  common 
schools,  within  their  respective  jurisdictions,  to  be  divided  into 
primar}^,  secondary  and  grammar  schools,  having  reference  to  the 
proficiency  of  the  pupils,  and  to  employ  competent  and  legally 
qualified  teachers  for  the  instruction  of  the  different  departments, 
whenever  they  shall  deem  such  division  into  departments  necessary. 


[18] 

Sec.  3.  No  scliool  book,  nor  other  book  of  a  sectarian  or  de- 
nominational character,  shall  be  intoiucsd  or  used  in  anj  common 
school  instituted  under  the  provisions  of  this  Act. 

ARTICLE  VII. 

COUNTIES. 

Sec.  1.  Each  and  every  county  in  this  State  is  hereby  empow- 
ered and  authorized  to  raise  annually,  by  special  tax,  (in  the  same 
manner  that  other  county  taxes  shall  be  levied,)  upon  the  real  es- 
tate and  personal  property  within  the  county,  an  amount  of  money 
not  exceeding  three  cents  on  each  ^100  of  valuation,  for  the  sup- 
port of  common  schools  therein,  and  for  providing  suitable  houses 
and  purchasing  libraries  and  apparatus  for  such  common  schools. 

Sec.  2.  All  moneys  raised  by  county  tax  as  above  provided,  for 
common  school  purposes,  shall  be  paid  into  the  county  treasury  as 
a  special  deposit,  and  shall  be  apportioned  by  the  County  Superin- 
tendent of  common  schools  among  the  towns,  cities,  villages  and 
school  districts  in  the  county,  upon  the  basis  provided  by  this  Act 
for  the  apportionment  of  the  State  school  moneys,  and  drawn 
from  the  county  treasury,  in  the  same  manner. 

ARTICLE   VIII. 

teachers. 

Sec.  1.  No  teacher  shall  be  entitled  to  any  portion  of  the  public 
common  school  moneys  hereinbefore  provided  for,  as  compensation 
or  salary  for  services  rendered,  unless  such  teacher  shall  have  been 
duly  employed  by  competent  authority,  nor  unless  such  teacher 
shall  have  had,  during  the  whole  time  of  such  service,  such  certifi- 
cate of  competency  and  approval  as  is  provided  by  this  Act,  in  full 
force  and  effect,  and  bearing  date  within  one  year  next  before  the 
services  aforesaid  shall  have  been  rendered,  nor  unless  such  teacher 
shall  have  made  report  in  manner  and  form  as  shall  be  prescribed 
by  the  Superintendent  of  Public  Instruction. 


[W] 

Sec.  2.  A  State  convention  of  common  school  teachers,  com- 
missioners of  common  schools,  county  and  citj  Superintendents  of 
common  schools,  may  be  holden  annually  at  the  State  Capitol  on 
the  call  of  the  Superintendent  of  Public  Instruction,  who  shall  pre- 
side at  such  convention. 

Sec.  3.  Such  State  convention  may  discuss  and  recommend 
improvements  in  teaching  and  the  management  of  schools,  and  a 
series  of  school  books  for  use  in  the  common  schools  throuorhout 
the  State,  and  such  other  topics  and  subjects  as  shall  be  brought 
before  the  convention  by  the  Superintendent  of  Public  Instruction. 

ARTICLE  IX. 

PRINTING. 

Sec.  1.  Any  printing  called  for  by  this  Act,  shall  be  executed 
in  the  form  and  manner  and  at  the  prices  prescribed  by  law  for 
other  State  printing,  and  shall  be  paid  for  in  like  manner  out  of 
the  general  fund,  upon  the  bill  for  the  same  being  certified  to  by 
the  Board  of  Education. 

ARTICLE   X. 

repeal. 
Sec.  1.     The  act  entitled  '*an  Act  concerning  common  schools 
and  public  instruction,"   approved   May  1,  1851,  is  hereby  re- 
pealed. 

Signed  May  3d,  1852. 

RICHARD  P.  HAMMOND, 

Speaker  of  the  Assemhly. 

SAMUEL  PURDY, 

President  of  the  Senate, 

John  Bigler,  Governor. 


[15] 

FORMS. 

The  following  forms  have  been  drawn  to  assist  school  officers  in 
carrying  out  the  provisions  of  the  preceding  Act,  and  to  secure 
uniformity  so  far  as  is  practicable  : 

NO.  I. 

Appointment  of  a  School    Commissioner, 

By  authority  of  law,  I  do  hereby  appoint  you  a  Commissioner 
of  Common  Schools  in  ,  to  hold  your 

office  until  the  next  general  election,  and  to  exercise  all  the  powers 
and  perform  all  the  duties  conferred  by  law  upon  such  an  officer, 
by  virtue  of  the  appointment. 

185    . 

County  Superintendent  of  Com.  Schools. 

Note. — By  reference  to  Act  I,  Sec.  2,  of  the  School  Act,  it  will  be  seen  that 
the  County  Assessors  are  the  County  Superintendents  of  Common  Schools,  and 
that  they  have  the  power  of  appointing  the  School  Commissioners.  See  page  6, 
rale  4. 


NO.  IL 

Certificate  of  Election  of  a  Commissioner   of  Common  Schools. 

To  oi*  Greeting  ; 

This  certifies  that  you,  the  said  ,  were 

at  the  general  election,  held  on  the  day  of  , 

A.  D.  185  5  chosen  to  the  office  of  Commissioner  of  Common 
Schools  of  (the  town  or  city  as  the  case  may  be,)  and  are  by  vir- 
tue of  said  election  fully  authorized  and  empowered  to  discharge 
all  the  duties  of  said  office,  and  to  exercise  all  the  powers  thereto 
belonging,  according  to  law* 


[16] 
NO.  III. 

Appointment  of  a  Common  School    MarshuL 

We,  the  undersigned.  Commissioners  of  Common   Schools  for 

,   in  the  county  of 
,    appoint  , 

a  duly  elected   and   qualified    Constable,  Common  School  Mar- 
shal to  take  the  census  of  the  children  in  said 

and  county.  ,  )  Commissioners 

,[  of 

5  )  Com.  Schools. 

185   . 

Note. — See  Sec.  6,  page  2,  and  Sec.  2,  Art.  V. 


NO.  IV. 

Certificate  of  Qualification  to  keep  a    School, 

We,  the  undersigned.  Commissioners  of  Common  Schools,  here- 
by certify,  that  we  have  personally  examined 
and  are  satisfied  that  is  of  good  moral  character  and  pos- 

sesses suflficient  learning  and  ability  to  teach  and   impart  knowl- 
edge, and  govern  a  school,  we  therefore  grant  to 
this  our  certificate,  which  shall  remain  in  force  during  one  year 
from  date,  unless  sooner  revoked. 

,  )  Commissioners 

,[  of 

,  )  Com.  Schools. 

185   . 
NoTE.--See  Bule  6,  page  4,  and  Sec.  I. 


[17] 
NO.  V. 

Form  for  annulling  a  Certificate, 

Whereas    the    Cominissioners   of   Common    Schools,   for    the 
of  ,    did,  on 

the  day  of  ,   A.    D.  185   ,  issue 

to  a  certificate  of  qualification 

as  a  Teacher  in  said  :    now  know  ye  that, 

upon  further  investigation  and  trial,  the  said 

has  been  found  deficient  and  unqualified,  (or  has 
refused  to  conform  to  the  regulations  made  by  law ;)  we  do  there- 
fore declare  the  said  certificate  to  be  annulled  and  void  from  this 
date,  of  which  all  persons,  whose  duty  it  is  to  employ  teachers  of 
common  schools,  are  hereby  requested  to  take  notice. 

,  )  Commissioners 

,[  of 

,  )  Com.  Schools. 

County  of  185    . 

Note.— It  would  be  proper  that  notice  of  the  annulling  should  be  given  to 
the  County  Superintendent. 


NO.    VI. 

Form  of  a   Receipt  of  the  County   Supei^intendent  of    Common 

Schools, 

Received  of  , 

County  Superintendent  of  Common  Schools,  all  documents,  hooks 
and  papers  belonging  to  his  office,  as  such  Superintendent. 

County  Superintendent  Com.  Schools. 
185    . 

Note. — The  law  requires  this  receipt  to  be  filed  in  the  office  of  the  County 
Treasurer.    See  page  6,  Rule  5. 


[18] 
NO.  VII. 

Form  of  a   Receipt  of  the    Commissioners  of  Common    Schools 
under  Art,  III,  Sec,  2,  Rule  12. 

Received  of  , 

Commissioners  of  Common  Schoojs  for  , 

the  book  of  records,  and  all  papers,  books,  blanks  and  documents 
remaining  in  their  hands  as  such  Commissioners* 

, )  Commissioners 

,[  of 

,  )  Com.  Schools. 

A.  D.  185  , 


NO.  VIII. 

Form  of  a  Report  of  the  Commissioners  of  Common  Schools  to 
the  County  Superintendent  for  the  County  of  , 

Town  or  City  of  ,   in  relation  to  the  Bounda- 

ries and  J^umher  of  School  Districts. 

We,  the  undersigned,  Commissioners  of  Common  Schools  in  the 
county  and  aforesaid,  in  conformity  with  law,  do 

teport : 

That  the  whole  number  of  School  Districts  in  our 
is  ,   and  are  bounded  as  follows :     District  No.  I, 

(here  describe  the  boundaries,  and  location  of  school-houses.) 

, )  Commissioners 

,[  of 

,  )  Com.  Schools. 

185  . 

.  Not«.-^Thi8  report  must  b«  made  to  the  County  Superinteadent  withiateu 
aays  after  the  division  into  districts  is  agreed  upon.    See  page  3,  Enle  2. 


mi 

NO.  IX. 

Form   of   County   Superintendenfs    Warrant  upon  the   County 

Treasurer, 

No. 185  . 

The  Treasurer  of  the  County  of 
will  pay  to  the  order  of 

dollars  on  account  of  . 

$• 


County  Superintendent  Com.  Schools. 
Note. — See  Rule  3d,  pages  6  and  7, 

NO.   X. 

CENSUS  RETURNS. 

Report  of  the  Common  School  Marshal  to  the  County  Superin- 
tendent for  the  School-year  ending  October  Slst,  185  . 


2  u 


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a  I 

flT3 

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i  ^ 


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s  . 

—4     *^ 


Form  o/^  an  Affidavit  to  he  appended  to  the  Census  Returns, 
County  of  ,  >  ^^^ 

On  this  day  of  A.  D« 

185  ,  personally  appeared  before  me  the  undersigned,  a  Justice 


[20] 

of  the  Peace  for  the  county  and  aforesaid, 

a  duly  appointed  Common  School 
Marshal,  whose  signature  is  hereunto  subscribed,  and  being 
sworn  according  to  law,  made  oath  that  the  facts  set  forth  in 
the  above  Report  are  just  and  true  according  to  the  best  of  his 
knowledge  and  belief. 


Justice  of  the  Peace. 


Common  School  Marshal 
for 


Note. — This  Report  must  be  made  out  in  duplicate.     See  Art.  Ill,  Sec.  1. 


NO.  XI. 

Report  of  the  Commissioners  of  Common  Schools  to  the  County 

Superintendent  for  the  County  of  , 

{Town,  City  or  Village  of  ,)  from 

185  ,   to  185  . 


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52J 


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Note. — When  the  above  blank  is  filled  up,  which  must  be  done  on  or  before 
November  15th,  of  each  year,  the  following  certificate  should  be  appended.  See 
page  5,  Rule  11. 


We,  the  undersigned.  Commissioners  of  Common  Schools  for 
the  county  (town  or  village)  aforesaid,  certify,  on  honor,  that  the 


[21] 


above  is    a   true   statement   of    the    condition   of    the    Common 

Schools.  5  )  Commissioners 

of 
,  )  Com.  Schools. 

To  Esq., 

County  Superintendent 

of  Common  Schools. 

Note. — The  Commissioners  will  accompany  their  Report  as  above  with  such 
remarks  as  they  may  think  the  interest  of  the  Common  School  system  in  their 
town  or  city  may  require.  This  will  enable  the  County  Superintendent  to  fur- 
nish the  State  Superintendent  with  valuable  information  for  his  Annual  Report. 
The  report  must  be  made  on  or  before  the  loth  day  of  November,  annually. 


NO.   XII. 

Report  of  the  County  Treasurer  to  the  Superintendent  of  Public 
Instruction  for  the  County  of  , 

from  ,   185     to  185  . 


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[22] 

Form  of  an  Affidavit  to  he  appended  to  the  above  Report, 

County  of  •>}    „ 

'  >  ss. 

On  this  day  of  , 

A.  D.  185  5  personally  appeared  before  me  the  undersigned,  a 
Justice  of  the  Peace  for  the  county  and  afore- 

said, ,    County   Treasurer  for 

said  county,  whose  signature  is  hereunto  subscribed,  and  being 
dulf  sworn  made  oath  that  the  facts  set  forth  in  the  above  re- 
port are  just  and  true,  according  to  the  best  of  his  knowledge 
and  belief. 

Justice  of  the  Peace. 
,  Esq., 
County  Treasurer. 
Note. — See  page  7,  Sec.  5. 


[23 


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[24] 

Form  of  an  Affidavit  to  he  appended  to  the  preceding  Repart. 
County  of  , ) 

On   this  day  of  ,    A.  D. 

185  ,  personally  appeared  before  me  the  undersigned,  a  Jus- 
tice of  the  Peace  for  the  county  and  afore- 
said, ,  County  Superintendent  of 
Common  Schools  for  said  county,  whose  signature  is  hereunto 
subscribed,  and  being  duly  sworn  made  oath  that  the  facts  set 
forth  in  the  above  Report  are  just  and  true  according  to  the  best 
of  his  knowledge  and  belief. 

Justice  of  the  Peace. 


Superintendent  of  Common  Schools. 

Note. — The  County  Superintendents  are  desired  to  fill  the  preceding  Report, 
and  add  thereto  such  accompanying  observations  as  they  may  think  will  pro- 
mote the  interests  of  education  in  their  counties  and  the  State.  It  is  desirable 
to  know  the  kind  of  school  books  used,  with  a  view  to  the  introduction,  as  soon 
as  practicable,  of  a  uniform  series  throughout  the  State.  Too  great  impor- 
tance cannot  be  placed  upon  the  necessity  of  prompt  and  efi&cient  school  organ- 
izations under  the  provisions  of  the  School  Act,  and  regular  returns  made  dur- 
ing the  month  of  November  to  the  Superintendent  of  Public  Instruction.  See 
page  6,  Rule  6. 


[25] 


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ACTS 


PROVIDING  FOR  THE 


REVENUE  OF  COMMON  SCHOOLS. 


AN  ACT 

CONCERNING  ESCHEATED  ESTATES. 


The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Sec.  1.  That  if  any  person  shall  die,  or  any  person  who  may 
have  died,  in  this  State,  seized  of  any  real  or  personal  estate,  with- 
out any  devise  thereof,  and  leaving  no  heirs  or  representatives  ca- 
pable of  inheriting  the  same,  or  the  devisees  thereof  be  incapable 
of  holding  the  same,  and  in  all  cases  where  there  is  no  owner  of 
such  real  estate,  capable  of  holding  the  same,  such  estate  shall  es- 
cheat to  and  be  vested  in  this  State. 

Sec.  2.  That  whenever  the  Attorney-General,  or  District  At- 
torney, shall  be  informed,  or  have  reason  to  believe,  that  any  real 
estate  in  his  district  hath  escheated  to  the  State,  by  reason  that 
any  person  hath  died  seized  thereof,  without  devising  the  same,  and 
leaving  no  heirs  capable  of  inheriting  the  same,  or  by  reason  of 


[80] 

the  incapacity  of  the  devisees  to  hold  the  same,  and  such  estate 
shall  not  have  been  sold,  according  to  law,  within  two  years  after 
the  death  of  the  person  last  seized,  or  when  he  shall  be  informed 
or  has  cause  to  believe  that  any  such  estate  within  his  district  hath 
otherwise  escheated  to  the  State,  it  shall  be  his  duty  to  file  an  in- 
formation, in  behalf  of  the  State,  in  the  District  Court  of  the  Ju- 
dicial District,  or  of  any  adjoining  judicial  district,  in  which  such 
estate  is  situated,  setting  forth  a  description  of  the  estate,  the  name 
of  the  person  last  lawfully  seized,  the  name  of  the  terre-tenant  and 
persons  claiming  such  estate,  if  known,  and  the  facts  and  circum- 
stances in  consequence  of  which  such  estate  is  claimed  to  have  es- 
cheated, and  alleging  that  by  reason  thereof  the  State  of  Califor- 
nia hath  right  by  law  to  such  estate  ;  whereupon  such  Court  shall 
award  and  issue  a  summons  against  such  person  or  persons,  bodies 
politic  or  corporate,  as  shall  be  alleged  in  such  information  to  hold, 
possess  or  claim  such  estate,  requiring  them  to  appear  and  show 
cause  why  such  estate  should  not  be  vested  in  the  State,  on  the  first 
day  of  the  next  regular  term  of  said  Court ;  which  summons  shall 
be  served  at  least  fifteen  days  before  the  return  day  thereof ;  and 
the  Court,  moreover,  shall  make  an  order  setting  forth  briefly  the 
contents  of  such  information,  and  requiring  all  persons  interested 
in  the  estate  to  appear  and  show  cause,  if  any  they  have,  on  the 
first  day  of  the  next  term  of  the  said  Court,  why  the  same  should 
not  vest  in  the  State ;  which  order  shall  be  published  in  a  newspa- 
per, published  in  said  district,  if  one  be  published  therein,  and  in 
case  no  newspaper  should  be  published  in  said  district,  the  same  to 
be  published  by  direction  of  the  Judge  in  some  other  newspaper 
in  this  State. 

Sec.  3.  All  persons,  bodies  politic  and  corporate,  named  in 
such  information  as  terre-tenant^  or  claimant  to  the  estate,  may  ap- 
pear and  plead  to  such  proceeding,  and  may  traverse  or  deny  the 
facts  stated  in  the  information,  the  title  of  the  State  to  lands  and 


[31] 

tenements  therein  mentioned,  at  any  time  on  or  before  the  third 
day  of  the  return  day  of  the  summons ;  and  any  other  person 
claiming  an  interest  in  such  estate  may  appear  and  be  made  a  de- 
fendant, and  plead  as  aforesaid,  by  motion  for  that  purpose  in  open 
court,  within  the  time  allowed  for  pleading  as  aforesaid  ;  and  if 
any  person  shall  appear  and  plead  as  aforesaid,  or  shall  refuse  to 
plead  within  the  time,  then  judgment  shall  be  rendered  that  the 
State  be  seized  of  the  lands  and  tenements  in  such  information 
claimed.  But  if  any  person  shall  appear  and  deny  the  title  set 
up  by  the  State,  or  traverse  any  material  fact  set  forth  in  the 
information,  or  issue  or  issues,  shall  be  made  up  and  tried  as  other 
issues  of  fact,  and  a  survey  may  be  ordered  and  entered  as  in  oth- 
er actions  when  the  title  or  boundary  is  drawn  in  question  ;  and  if 
after  the  issues  are  tried,  it  shall  appear  from  the  facts,  found  or 
admitted,  that  the  State  hath  good  title  to  the  land  and  tenements 
in  the  information  mentioned,  or  any  part  thereof,  judgment  shall 
be  rendered  that  the  State  be  seized  thereof,  and  recover  costs  of 
suit  against  the  defendants. 

Sec.  4.  Any  party  who  shall  have  appeared  to  any  proceed- 
ings, as  aforesaid,  and  the  Attorney-General  or  District  Attorney 
in  behalf  of  the  State,  shall  respectively  have  the  same  right  to 
prosecute  an  appeal  or  writ  of  error  upon  any  judgment,  as  afore- 
said, as  parties  in-  other  cases. 

Sec.  5.  The  Comptroller  of  State  shall  keep  just  and  true 
accounts  of  all  moneys  paid  into  th-e  treasury,  all  lands  vested  in 
the  State,  as  aforesaid ;  and  if  any  person  shall  appear  within  ten 
years  after  the  death  of  the  intestate,  and  claim  any  moneys  paid 
into  the  treasury,  as  aforesaid,  as  heir  or  legal  representative,  such 
person  may  file  a  petition  to  the  District  Court  in  which  the  Seat  of 
Government  may  be  staying,  stating  the  nature  of  his  claim,  and 
praying  such  money  may  be  paid  him ;  a  copy  of  such  petition 
shall  be  served  on  the  Attorney-General  at  least  twenty  days  be- 


[32] 

fore  the  hearing  of  said  petition,  who  shall  put  in  answer  to  the 
same,  and  the  Court  thereupon  shall  examine  said  claim,  and  the 
allegations  and  proofs  ;  and  if  the  Court  shall  find  that  such  per- 
son is  entitled  to  any  money  paid  into  the  State  treasury,  he  shall 
by  an  order,  direct  the  Comptroller  to  issue  his  warrant  on  the 
treasury  for  the  payment  of  the  same,  but  without  interest  or  cost 
to  the  State ;  a  copy  of  which  order,  under  the  seal  of  the  Court, 
shall  be  a  sufficient  voucher  for  issuing  such  warrant ;  and  if  any 
person  shall  appear  and  claim  land  vested  in  the  State,  as  afore- 
said, within  five  years  after  the  judgment  was  rendered,  it  shall 
be  lawful  for  such  person  (other  than  such  as  was  served  with  a 
summons  or  appeared  to  the  proceeding,  their  heirs  or  assigns,)  to 
file  in  the  said  District  Court,  in  which  the  lands  claimed  lie,  a 
petition  setting  forth  the  nature  of  his  claim,  and  praying  that  the 
said  lands  may  be  relinquished  to  him ;  a  copy  of  which  petition 
shall  be  served  on  the  Attorney- Gr^neral,  who  shall  put  in  an  an- 
swer, and  the  Court  thereupon  shall  examine  said  claim,  allegations 
and  proofs,  and  if  it  shall  appear  that  such  person  is  entitled  to 
such  land  claimed,  the  Court  shall  decree  accordingly,  which  shall 
be  efiectual  for  divesting  the  interest  of  the  State  in  or  to  the 
lands;  but  no  costs  shall  be  charged  to  the  State ;  and  all  persons 
who  shall  fail  to  appear  and  file  their  petition,  within  the  time  limit- 
ed as  aforesaid,  shall  be  forever  barred  ;  saving,  however,  infants, 
married  women,  and  persons  of  unsound  mind,  or  persons  beyond 
the  limits  of  the  United  States,  the  right  to  appear  and  file  their 
petition ,  as  aforesaid,  at  any  time  within  five  years  after  their  re- 
spective disabilities  are  removed ;  Provided,  however,  that  the  Legis- 
lature may  cause  such  lands  to  be  sold  at  any  time  after  seizure, 
in  such  manner  as  may  be  provided  by  law;  in  which  case  the 
claimants  shall  be  entitled  to  the  proceeds,  in  lieu  of  such  lands, 
upon  obtaining  a  decree  or  order  as  aforesaid. 

Approved  May  4,  1852. 


AN  ACT 


To  provide  for  the  Disposal  of  the  Five  Hundred    Thousand   Acre$ 
of  Land  Granted  to  this  State  hy  Act  of  Congress, 

That  the  people  of  the  State  of  California  may  avail  themselves 
of  the  benefits  of  the  eighth  section  of  the  act  of  Congress,  ap- 
proved 4th  of  April,  1841,  chapter  16,  entitled  an  act  to  appropri- 
ate the  proceeds  of  the  sales  of  the  Public  Lands  and  to  grant  Pre- 
emption Rights,  the  following  provisions  are  hereby  enacted. 

The  people  of  the  State  of  California,  represented  in  Senate 
and  assembly,  do  enact  as  follows  : 

Sec.  1.  The  Governor  of  this  State  is  hereby  authorized  to  is- 
sue land  warrants  for  not  less  than  one  hundred  and  sixty,  and  not 
more  than  three  hundred  and  twenty  acres  in  one  warrant  to  the 
amount  of  five  hundred  thousand  acres,  which  warrants,  when  so 
signed  and  issued  by  the  Governor,  shall  be  countersigned  by  the 
Comptroller,  and  by  him  deposited  in  the  office  of  the  Treasurer  of 
State  for  sale,  charging  the  same  to  account  of  the  Treasurer. 

Sec.  2.  The  Treasurer  of  State  is  hereby  authorized,  on  ap- 
plication to  him  therefor,  to  sell  said  land  warrants  for  two  dollars 
per  acre,   in  the  lawful  currency  of  the  United  States,  in  State 


[  84  ]• 

scrip,  or  Comptroller's  warrants,  dra^wn  upon  tlie  general  fund,  or 
bonds  of  tlie  civil  debt  of  tbe  State,  now  due,  the  interest,  if  any 
thereon,  to  be  included  in  the  aggregate  of  such  payment,  and  the 
said  Treasurer  is  required  to  convert  all  lawful  moneys  of  the  Uni- 
ted States,  and  all  State  three  per  cent,  bonds,  or  Comptroller's 
warrants  so  received  by  him  into  bonds,  of  the  civil  funded  debt  of 
the  State,  bearing  seven  per  cent,  interest  per  annum,  and  to  keep 
such  bonds  as  a  special  deposit  in  his  custody,  marked  "  School 
Fund,"  to  the  credit  of  said  School  Fund.  All  interest  falling  due 
on  said  bonds  so  set  apart  to  the  credit  of  the  School  Fund,  shall 
be  semi-annually  placed  to  the  credit  of  said  School  Fund.  All 
State  three  per  cent,  bonds  or  Comptroller's  warrants  so  converted 
by  him  into  seven  per  cent,  bonds,  as  above  provided,  shall  be  can- 
celled and  destroyed  in  the  manner  now  provided  by  law. 

Sec.  3.  The  parties  purchasing  such  vrarrant^  and  their  as- 
signs, are  hereby  authorized,  in  behalf  of  this  State,  to  locate  the 
same  upon  any  vacant  and  unappropriated  lands  belonging  to 
the  United  States,  within  the  State  of  California,  subject  to  such 
location,  but  no  such  location  shall  be  made,  unless  it  be  made  in 
conformity  to  the  law  of  Congress,  which  law  provides  that  not  less 
than  three  hundred  and  twenty  acres  shall  be  located  in  a  body. 

Sec.  4.  Lands  thus  located  shall  be  run  off  by  a  line,  north  and 
south  and  east  and  west,  and  shall  be  sufficiently  designated  by 
lines  and  distances,  corners  or  posts,  as  the  case  may  be,  and  an 
entry  made  thereof  in  the  office  of  the  Clerk  of  the  County  Court 
of  the  county  in  which  such  lands  shall  be  located. 

Sec.  5.  The  location  made  of  the  lands  belonging  to  the  United 
States,  as  aforesaid,  shall  secure  to  the  purchaser  the  right  of  pos- 
session to  the  land  embraced  within  said  survey  until  such  time  as 
the  Government  survey  shall  have  been  made,  after  which,  said 
lines  shall  be  made  to  conform  to  the  lines  of  sections,  quarter  sec- 
tions, and  fractional  sections  of  said  government  survey ;  and  in  the 


[8.5] 

event  tliat  two  or  more  persons  shall  have  made  the  location  on  the 
same  section,  quarter  section,  or  fractional  section,  then,  and  in 
that  event,  the  person  whose  location  embraces  the  largest  portion 
of  said  section,  quarter  section,  or  fractional  section  shall  be 
first  entitled  to  said  location  of  the  same. 

Sec.  G.  If  in  the  53urvey  to  be  hereafter  made  by  the  General 
Government,  it  should  so  happen  tliat  the  improvement  made  by  any 
person  purchasing  and  locating  lands  under  this  act,  shall  not  com- 
pose the  larger  part  of  the  first  survey,  then,  ana  in  that  case,  the 
party  may,  if  they  prefer  it,  retain  that  portion  which  has  upon 
it  their  buildings  and  improvements,  although  it  may  be  the  smal- 
ler portion  of  said  section,  quarter  section,  or  fractional  section. 
Provided  nothing  herein  contained  shall  authorize  such  loca- 
tion upon  any  lands  heretofore  granted  by  this  State,  or  by  the 
General  Government,  or  on  lands  at  the  time  of  such  survey  and 
location,  actually  occupied  and  improved  by  actual  settlers,  unless 
such  location  be  made  by  the  owner  of  such  improvement,  not  to 
exceed  six  hundred  and  forty  acres  by  any  one  person.  Provided, 
also,  that  nothing  herein  contained  shall  prejudice  the  ownership 
or  possession  of  any  lands  at  the  time  of  said  survey  and  location, 
held  or  claimed  under  grants  from  the  Mexican  or  Spanish  gov- 
ernments, and  provided  moreover,  that  at  the  time  of  making  such 
location  the  first  settler,  or  owner  of  any  improvement  situated  on 
the  tract  proposed  to  be  located,  shall  in  all  cases  have  the  pref- 
erence. 

Sec.  7.  In  the  event  that  any  location  of  lands  be  made  under 
and  by  the  provisions  of  this  Act,  upon  lands  supposed  to  belong 
to  the  United  States,  which  should  prove  to  be  land  not  the  proper- 
ty of  the  United  States,  then  and  in  that  case  the  party  owning 
such  land  warrant  or  warrants  may  float  the  same  upon  any  other 
public  lands  in  the  State  of  California,  provided  the  float  and  the 


[36] 

reasons  therefor  be  made  a  matter  of  record  at  the  time,  in  the 
oflSce  where  the  -original  location  was  recorded. 

Sec.  8.  The  Comptroller  shall  keep  an  accurate  account  of  the 
quantity  of  land  thus  disposed  of,  in  accordance  with  the  provi- 
sions of  the  foregoing  sections,  and  the  amounts  received  bj  the 
Treasurer,  charging  the  several  sums  thus  received  to  the  Treasu- 
rer, which  sum  or  sums  shall  be  set  aside  for  a  general  fund  to 
meet  the  liabilities  of  the  State. 

Sec.  9.  The  interest  upon  the  sum  thus  realized  by  the  sale  of 
the  five  hundred  thousand  acres  of  land  granted  to  this  State,  by 
act  of  Congress,  shall  be  and  the  same  is  hereby  set  apart  as  a 
permanent  fund  for  the  support  of  schools,  in  accordance  with  the 
Constitution  of  the  State  of  California. 

Sec.  10.  Lands  located  under  the  provisions  of  this  Act,  shall 
be  surveyed  by  the  County  Surveyor,  in  each  county  where  the 
location  is  made,  who  shall  give  a  certificate  setting  forth  the  bounds 
and  the  number  of  acres  contained  in  such  survey,  and  shall  receive 
for  his  services  such  fees  as  are  now  or  may  hereafter  be  provided 
by  law. 

Sec.  11.  The  Clerk  of  the  County  Court  shall  make  a  record 
of  all  certificates  of  land  located  under  the  provisions  of  this  Act 
which  may  have  been  run  ofi"  by  the  proper  ofiicer,  and  shall  be  en- 
titled to  receive  from  the  owner  of  such  location  three  dollars  for 
such  services. 

Sec.  12.  The  County  Surveyors  of  the  respective  counties  of 
this  State,  at  the  end  of  every  three  months  from  the  taking  efiect 
of  this  Act,  shall  make  out  and  forward  to  the  office  of  the  Survey- 
or-General of  the  State,  without  fee  for  the  same,  a  duplicate  copy 
of  each  plot  or  survey  and  certificate  of  the  location  of  any  land 
warrant  made  under  the  provisions  of  this  Act,  in  their  respective 
counties,  and  for  failure  so  to  do  shall  be  liable  to  a  fine  of  not  less 
than  five  hundred  or  more  than  five  thousand  dollars,  recoverable 


[  37  ] 

before  any  court  of  competent  jurisdiction  on  tlie  complaint  of 
any  person  or  persons  in  interest. 

Sec.  13.  The  interest  to  be  credited  to  the  school  fund  on  all 
moneys  received  into  the  State  Treasury  under  the  provisions  of 
this  Act,  shall  be  calculated  at  the  rate  of  seven  per  centum  per  an- 
num, until  the  Legislature  shall  otherwise  direct. 

Sec.  14.  So  soon  as  the  lands  which  may  be  located  under  and 
by  virtue  of  the  provisions  of  this  Act,  shall  have  been  surveyed 
by  the  United  States,  and  such  locations  are  made  to  conform  there- 
to, the  Governor  of  this  State  shall  cause  patents  to  be  issued  in 
such  manner  and  form  as  the  Legislature  may  hereafter  direct. 

Sec.  15.  No  person  shall  be  permitted  to  purchase  under  this 
Act,  warrants  for  more  than  six  hundred  and  forty  acres,  and  shall 
before  purchasing  one  of  said  warrants,  deposit  with  the  Comptrol- 
ler an  affidavit  setting  forth  that  he  wants  said  lands  for  the  pur- 
pose of  making  a  permanent  settlement  thereon. 

Sec.  16.  It  shall  not  be  lawful  to  locate  any  of  said  warrants 
upon  the  land  within  the  limits  of  any  town  now  surveyed  or  laid 
off. 

Sec.  17.  This  Act  to  take  effect  and  be  in  force  from  and  after 
the  first  day  of  June,  eighteen  hundred  and  fifty-two. 

Approved   May  3,  1852. 

RICHARD  P.  HAMMOND, 

Speaker  of  the  JJssembly. 

SAMUEL  PURDY, 

President  of  the  Senate. 
John  Bigler,  Governor. 


AN  ACT 

To  'provide  for  Levying^  Assessing  and  Colkciing  Public  Revenue, 

Sec.  2.  The  amount  of  Property  Tax  levied  by  this  Act,  shall  be 
thirty  cents  on  each  one  hundred  dollars'  worth  of  all  real  and  per- 
sonal property  in  this  State,  for  State  purposes,  except  as  herein- 
after provided ;  and  an  additional  amount,  not  exceeding  fifty  cents 
on  each  one  hundred  dollars'  worth  thereof,  for  County  purposes. 

Sec.  17.  Between  the  first  Monday- of  March  and  July  of  each 
year,  the  County  Assessor  shall  ascertain,  by  dilligent  inquiry  and 
examination  through  all  the  inhabited  portions  of  his  County,  the 
names  of  all  taxable  inhabitants,  and  the  full  amount  of  all  the  real 
and  personal  property  within  the  County  which  is  not  exempt  from 
taxation  by  this  Act ;  and  all  the  real  and  personal  property  in 
this  State  not  so  exempt,  shall  be  liable  for  the  payment  of  not 
more  than  the  amount  specified  in  the  second  section  of  this  Act ; 
and  the  whole  amount  thereof  required  for  State  purposes,  as  pro- 
vided in  the  second  section  of  this  Act,  is  hereby  appropriated,  as 
follows  :  five  cents  of  the  thirty  cents  imposed  on  each  one  hundred 
dollars,  is  exacted  for  the  sole  purpose  and  shall  be  retained  by 
the  Treasurer  of  the  State  and  paid  out  only  as  the  laws  for  the 
benefit  of  the  Common  Schools  of  this  State  shall  direct ;  fifteen 
cents  of  the  said  thirty  cents  imposed  for  the  payment  of  the  In- 


[40] 

terest  Tax,  as  funded  in  the  Act  to  fund  the  debt  of  the  State  ; 
and  the  remaining  ten  cents  of  the  said  thirty  cents  imposed  for  the 
payment  of  the  interest  on  the  present  indebtedness  of  the  State, 
funded  in  accordance  with  an  Act  entitled  '^  an  Act  to  fund  tlie  in- 
debtedness of  the  State"  which  has  accrued  or  may  accrue  from 
April  twenty -ninth,  eighteen  hundred  and  fifty-one,  to  December 
thirty-first,  eighteen  hundred  and  fifty- two,  (inclusive,)  passed 
May  1st,  1852,  and  shall  constitute  the  Interest  Tax  of  eighteen 
hundred  and  fifty-two,  provided  in  the  seventh  section  of  this 
Act. 

Passed  April  23rrf,  1852. 

Note. — These  are  the  only  Sections  of  the  Revenue  Law  pertaining  to  Schools. 


c^ 


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